Consideration of reports submitted by States parties under article 44 of the Convention

Transcription

1 United Nations Convention on the Rights of the Child Distr.: General 24 February 2012 Original: English CRC/C/RWA/3-4 Committee on the Rights of the Child Consideration of reports submitted by States parties under article 44 of the Convention Consolidated third and fourth periodic reports of States parties due in 2008 Rwanda * [21 January 2011] * In accordance with the information transmitted to States parties regarding the processing of their reports, the present document was not formally edited before being sent to the United Nations translation services. GE.

2 Contents Paragraphs Page Acronyms and abbreviations... 3 I Executive Summary II. Introduction III. General implementation measures IV. Definition of the child V. General principles VI. Civil rights and freedoms VII. Family environment and alternative care VIII. Health and welfare IX. Education, leisure and cultural activities X. Special protection measures XI. Optional Protocols to the Convention on the Rights of the Child Annexes Annex I. Statistical information Annex II. Main reference documents

3 Acronyms and abbreviations AIDS ARV ASF BCC Acquired Immune Deficiency Syndrome Antiretroviral therapy Avocats Sans Frontières Behaviour Change Communication CAMERWA Centrale d Achat des Médicaments Essentiels, Consommables et Equipements Médicaux au Rwanda CHUK CNLS DL DRC EABC EDPRS EPI ESSP FARG FOSA FP GCPHR HBM HIV HLCS ICRC ICT ILDP ILO IMCI IPEC KURET LDF MAP MDGs MIFOTRA University Teaching Hospital of Kigali National AIDS Control Commission Decree Law Democratic Republic of Congo Education, Abstinence, Be faithful and Condoms Economic Development for Poverty Reduction Strategy Expanded Programme of Immunization Education Sector Strategic Plan Fund for Assistance to Survivors of Genocide of Tutsi Health Formation Family Planning General Census of Population and Housing of Rwanda Home -Based Management Human Immune Deficiency Virus Household Living Conditions Survey International Committee of the Red Cross Information, Communication, Technology Institute of Legal Practice and Development International Labour Organization Integrated Management of Childhood Illnesses International Program for Elimination of Child Labour Kenya, Uganda, Rwanda, Ethiopia, Kenya Local Defence Force Multisectoral AIDS Project Millennium Development Goals Ministry of Public Service, Skills Development, and Labour MIGEPROF Minister in the Prime Minister s Office in charge of Family and Gender Promotion MINALOC Ministry of Local Government, Good Governance, Community Development and Social Affairs 3

4 MINECOFIN Ministry of Finance and Economic Planning MINEDUC Ministry of Education, Science, Technology, and Research MINIJUST Ministry of Justice MINISANTE Ministry of Health NCHR National Commission for Human Rights NCS National Census Service ND Non-determined NGO Non-Governmental Organization NISR National Institute of Statistics of Rwanda NURC National Unity and Reconciliation Commission OG Official Gazette OPM Oxford Programme Management OVC Orphans and other Vulnerable Children PACFA Protection and Care of Families against HIV/SIDA PEPFAR Presidential Emergency Plan For Aids Relief PLWHA People Living With HIV/AIDS PMTCT Prevention of Mother-To-Child Transmission (of HIV) PNBC Programme de Nutrition à Base Communautaire PNILP Programme National Intégré de Lutte contre le Paludisme PO Presidential Order PTSD Post Traumatic Stresses Disorders RDF Rwanda Defence Forces RDRC Rwanda Demobilization and Reintegration Commission RSSF Rwanda Social Security Fund STD Sexually Transmitted Diseases STD Sexually Transmitted Diseases TAF Treatment Access Form TRAC Treatment and Research Aids Centre TVE Technical and Vocational Education UNFPA United Nations Population Fund UNHCR United Nations High Commissioner for Refugees UNICEF United Nations Children s Fund USAID United States Agency for International Development VCT Voluntary Counselling and Testing WFC World Fit for Children WHO World Health Organization 4

5 I. Executive summary Introduction 1. Drafting the third and fourth periodic reports of Rwanda on the implementation of the Convention on the Rights of the Child is in pursuance of article 44 of this Convention. In fact, this article provides that States parties undertake to submit their initial reports within two years of the entry into force of the Convention and thereafter every five years. 2. The third and fourth periodic reports of Rwanda, which are consolidated in one document, follow the initial report of Rwanda 1, whose drafting process was completed in 2002 and was considered by the Committee on the Rights of the Child on 21 May While drafting the report, emphasis was mainly placed on the recommendations of the Committee on the Rights of the Child made during the consideration of the previous reports. 4. The report is also focused on the eight parts of the Convention. General implementation measures 5. As regards the general measures of implementation (arts. 4, 42 and 44, para. 6), of the Convention, in respect of the legislation conformity with the principles of the Convention (recommendation No. 6 of the Committee on the Rights of the Child (CRC/C/15/Add.234)), in its preamble, the Constitution of 4 June 2003 refers to the Convention on the Rights of the Child, Law N 2003/27 of 28 April 2001 relating to the rights and protection of the child against violence is under review and a number of legal texts have been enacted or revised, especially the Nationality Code (art. 7 of the Convention), the Criminal Procedure Code (art. 40 of the Convention), Law N 40/38 of 25 September 2006 establishing and determining the organization of the National Prisons Service, Law N 19/2002 of 17 May 2002 establishing the Rwanda Defence Forces, and Law N 2002/25 of 19 November 2004 establishing and determining the organization and functioning of the local service in charge of assisting in maintenance of security referred to as Local Defence Force. 6. In compliance with the Committee s recommendation No. 8 regarding coordination mechanisms, i.e. to ensure the stability and strengthen the capacity of the ministry principally in charge of the coordination of the implementation of the Convention at the local and national levels, placing MIGEPROF in the Prime Minister s Office in 2005 solved the problem of cyclical transfer of child issues from one Ministry to another. 7. In pursuance of the Committee s recommendation 12(b) related to independent monitoring structures, a new law governing the National Commission for Human Rights was established, namely Law N 30/2007 of 6 July 2007 determining the organization and functioning of the National Commission for Human Rights. 8. The provisions of domestic legislation are more conducive to the realization of the rights of the child and these include law N 27/2001 of 28 April 2001 (art. 19), Law N 25/2004 of 19 November 2004 establishing and determining the organization and functioning of the local service in charge of assisting in maintenance of security referred to as Local Defence Force (art. 8), the Presidential Order N 155/01 of 31 December 2002 establishing the Statutes of the National Police (art. 5), the Presidential Order N 72/01 of 8 July 2002 establishing the Army General Statutes (art. 5). All these laws provide that persons below eighteen years cannot be recruited into the army, the local service in charge of assisting in 1 This document, though named initial report, contained also data in the second periodic report that should have been submitted in 1997, as Rwanda adhered to the Convention in September

6 maintenance of security referred to as Local Defence Force and into the National Police, the minimum age set by article 38 of the Convention being 15 years. 9. Concerning the dissemination of the principles and provisions of the Convention, of the periodic report and observations of the Committee, dissemination and awareness campaigns on the Convention, mentioned in the previous report, continued at the level of all Districts and Sectors of the country. For the drafting of the third and fourth periodic reports, not only various stakeholders dealing with children s rights were involved, but children and the general public were also involved. Field visits were conducted for gathering information on and advocacy of the Convention, and on the process of preparing the report. Upon the completion of the report, various consulted groups were targeted for feedback. 10. Regarding cooperation with civil society (observation No. 17 and recommendation No. 18 of the Committee), this consolidated report highlights various interventions of various entities of Rwandan civil society in implementing the Convention, as well as how civil society was involved in drafting this report. Definition of the child 11. Regarding the definition of the child (art.1) (observation No. 21 and recommendation No. 22 of the Committee), there are still discrepancies in law but even though the minimum age for performing an act may vary depending on the type of the action, the ongoing legislative reform will address all existing contradictions and harmonize the minimum age. General principles 12. As regards general principles, non-discrimination (observation No 23 and recommendations Nos. 24 and 25 of the Committee) is reflected in all laws and even though the interviewed groups reported isolated cases of children who are vulnerable to discrimination from their social environment, all institutions are working to address such cases of discrimination. Other principles, especially the best interests of the child (observation No. 26 and recommendation No. 27), the right to life, survival and development and respect for the views of the child (observation No. 27 and recommendation No. 28) are enshrined in the Constitution and reflected in all the laws dealing with the rights of the child. They are also translated into reality as described in detail in the body of the report. Freedoms and civil rights 13. Regarding freedoms and civil rights, there should be pointed out the enactment of Law N 30/2003 of 29 August 2003 modifying and supplementing the Decree law n 01/81 of 16 January 1981 relating to census, identity card, domicile and residence of Rwandans (name and nationality). Other civil rights and freedoms, notably the preservation of identity, freedom of expression, freedom of thought, conscience and religion, freedom of association and of peaceful assembly, protection of privacy, access to appropriate information, the right not to be subjected to torture or cruel, inhuman or degrading treatment or punishment, including corporal punishment, are enshrined in the Constitution and other laws on the rights of the child. The areas that contain gaps due to a lack of specific regulation will also be addressed. Family environment and alternative care 14. As regards family environment and alternative care, the key measure, subsequent to the Committee s recommendation N 43 o, is Rwanda s accession to the 1993 Hague 6

7 Convention on the Protection of Children and Co-operation in Respect of Intercountry Adoption. Health and welfare of the child 15. In the area of child health and welfare, Rwanda has strongly committed itself to achieving holistic realization of children s rights by developing strategies aimed at reducing maternal and infant morbidity and mortality, controlling the population growth, improving the nutritional status of children and mothers, access to health care and drinking water and ensuring the protection of the rights and welfare of children. Moreover, a law for the protection of disabled persons has been enacted, Law N 01/2007 of 20 January 2007 relating to Protection of Disabled Persons in general. This law contains provisions that protect children with disabilities. It is in this area of child health and welfare that many interventions of civil society are found. Education, leisure and cultural activities 16. Regarding education, leisure and cultural activities, there was established new education programmes focused on human resource development through literacy and basic education for all, scientific, technological, managerial and vocational training. The Government of Rwanda would like not only to build knowledge-based and technologydriven economy, but also to strengthen educational system providing girls and boys with skills and values needed for them to be good citizens. Efforts are made for such education to go hand in hand with leisure, recreation and cultural activities. Special protection measures 17. With regard to special protection measures, laws, policies, strategies and programmes have been established to protect the categories of vulnerable children, namely refugee children, children affected by armed conflicts, children in conflict with the law, children in situations of exploitation, children belonging to a minority or an indigenous group and children living or working in the streets. Optional Protocols 18. Having mentioned other conventions and instruments to which the State is a party, the report concludes with an overview of the initial reports on the two Optional Protocols to the Convention on the Rights of the Child, namely the Optional Protocol to the Convention on the Rights of the Child on the involvement of children in armed conflict and the Optional Protocol to the Convention on the Rights of the Child on the sale of children, child prostitution and child pornography. II. Introduction 19. According to article 44 of the Convention on the Rights of the Child ratified by Rwanda in September , States parties shall submit to the United Nations Committee on the Rights of the Child reports on the measures adopted to give effect to the rights recognized in the Convention and on the progress made in this regard. 20. The States parties submit their reports within two years of the entry into force of the Convention and thereafter every five years. In this regard, Rwanda presented its initial 2 The ratification act is the Presidential Order N 773/16 of 19 September 1990 (O.G. N 21 of 1 November 1990, p.1160). 7

8 report on 30 September The report was considered by the Committee on the Rights of the Child on 5 October 1993 at its 97th and 98th meetings, but it was not approved because it contained gaps that made the Committee recommend that a new report be submitted within one year. Rwanda was unable to meet that deadline because of the troubles prevailing in the country at the time, which culminated in the 1994 Genocide of Tutsis. 21. For these various reasons, Rwanda finished drafting its initial report in 2002 and still with reference to article 44 of the Convention, it was agreed that the 2002 report should combine the initial and second periodic reports that should have been established five years after, i.e. in The consolidated report was considered by the Committee on the Rights of the Child on 21 May The Committee on the Rights of the Child considered and approved this initial report on 21 May 2004 (CRC/C/70/Add.22) at its 953rd and 954th meetings (see CRC/C/SR.953 and 954). At its 971st meeting, it made observations and recommendations (see CRC/C/SR.971), which have been taken into account during the drafting process of this consolidated report. 23. The third report was also due in 2002 and the fourth in 2007 and that is why both periodic reports, whose due dates have passed, will be consolidated in one document. The delay is mainly due to the absence of a formal structure for the preparation of reports on the implementation of conventions to which the country is party and to the lack of technical staff in this regard. However, the lack of technical staff is compensated by the establishment within the Ministry of Foreign Affairs of a Treaty Reporting Task Force conducting a thorough review of reports prior to their adoption by the Cabinet and their submission to relevant bodies. 24. This consolidated third and fourth periodic report covers the period from the date of submission of the previous report in June 2002 until the finalization of this report. 25. During the preparation of this report, all the concerns that were expressed in the Committee s concluding observations (CRC/C/15/Add.234) have been considered by setting forth the endeavours made by the Government of Rwanda to address them. 26. This report was prepared at the request of the Minister in the Prime Minister s Office in charge of Gender and Family Promotion. The factual information contained herein has been provided by public institutions, United Nations organizations, diplomatic and consular representations, international NGOs, national NGOs, religious denominations and Media and other development partners. 27. During the period covered by this report, Rwanda has continued to build a State based on democratic values and commitment to the principles of human rights as defined by the Charter of the United Nations of 26 June 1945, the African Charter on Human and Peoples' Rights of 27 June 1981 and by the Convention on the Rights of the Child of 20 November 1989 or other international conventions, treaties and resolutions to which Rwanda is a party. 28. The Government of Rwanda is strongly committed to ensuring better promotion and protection of human rights and fundamental freedoms, including the rights of the child. Within this framework, policies and programmes have been developed and implemented. 29. In accordance with general guidelines for periodic reports, the purpose of this new report is not to repeat the detailed information already provided, but to present changes in domestic law and practice that have occurred since the initial report and update the previously submitted data. Furthermore, the report contains information on the follow-up to the observations made by the Committee on 30 June

9 III. General implementation measures 30. In pursuance of the Convention on the Rights of the Child, Rwanda has taken general measures of implementation regarding independent monitoring structures, new legislation, strengthening the coordination structure, existing policies and programmes and active participation of civil society. A. Conformity of the legislation with the principles of the Convention 31. Although the initial report of Rwanda in 2002 does not mention the Constitution of 4 June 2003, it was in force when the report was presented to the Committee on the Rights of the Child in Additional information provided to the Committee mentioned the new Constitution. 32. In its preamble, the Constitution of 4 June 2003 as amended to date refers to the Convention on the Rights of the Child. 33. Apart from this reference to the Convention on the Rights of the Child, the Constitution of the Republic of Rwanda contains the provisions regarding the protection of the rights of the child, especially in its articles 27 and Since the adoption of the Constitution of 4 June 2003, Rwanda has embarked on a legislative reform to ensure that domestic law conforms to the new Constitution and to the principles and provisions of the Convention. In this regard, the following laws have been revised. 35. We should first point out the revision of Law N 27/2001 of 28 April 2001 relating to Rights and Protection of the Child against Violence. Though the new law has not yet been published, the process is almost at an end because the bill of the new law is in the Parliament. The new law will bring in innovations in relation to the previous one. This law shall not only refer to the Convention on the Rights of the Child and its two Optional Protocols, but it will practically reaffirm all the rights enshrined in the Convention and Protocols, while setting forth mechanisms for implementing those rights. This revision of Law N 27/2001 will obviously ensure the implementation of the Convention. 36. Under bills and draft laws, it is also needed to mention the draft law on prevention, prosecution and punishment of trafficking in persons. The bill which has already been passed by the Chamber of Deputies contains many provisions for the prevention and punishment of the sale, trafficking and abduction of children. The revision of the Penal Code is also advanced because the draft of the new law is in the Parliament. 37. The following laws have been enacted or revised: Nationality Code 38. Organic Law n 30/2008 of 25 July 2008 relating to Rwandan nationality contains provisions that ensure the right of the child to nationality and it should be noted that regarding the acquisition of Rwandan nationality by birth, article 6 stipulates that shall be Rwandan any person whose one of the parents is Rwandan. Regarding the Rwandan nationality by birth, (art. 6) 39. In respect of acquisition of Rwandan nationality, the following provisions should be mentioned: (a) Any child born in Rwanda from unknown or stateless parents or who cannot acquire the nationality of one of his or her parents shall be Rwandan. (art. 9) 9

10 (b) Article 12 specifies that Shall automatically become Rwandan any child who has foreign nationality or who is stateless, who has not yet attained majority age or who has never been emancipated if she/he is adopted by a Rwandan. (c) Under the terms of article 17 A minor who is not emancipated shall automatically be Rwandan like his/her parents if his/her birth is legally recognized in Rwanda and his/her father or mother has acquired Rwandan nationality. (d) The provisions of the Rwandan nationality Code ensure the protection of the right of the children to keep the acquired Rwandan nationality in case of divorce of their parents or deprivation of Rwandan nationality against their parents. (e) In this regard, article 11, paragraph 2 specifies that Dissolution of marriage after the acquisition of Rwandan nationality cannot have adverse effect on the nationality acquired in good faith by the spouse and the children born of that marriage. (f) Moreover, article 21 provides that the deprivation of Rwandan nationality cannot have adverse effects on the deprived person s spouse and children if they subsequently acquired it, except if the person acquired or recovered Rwandan nationality in accordance with the law but through manoeuvres, false statement, falsified or erroneous documents, fraud, corruption of one among those who had a role in the relevant procedures or any other fraudulent act. (g) Under Organic Law n 30/2008 of 25 July 2008 relating to Rwandan nationality, majority age is18 years of age. (art. 4) (h) Finally, the new organic law permits dual nationality (art. 3). Code determining the organization, functioning and jurisdiction of Courts 40. Organic Law n 51/2008 determines the organization, functioning and jurisdiction of courts 3,. 41. Article 9 specifies that each Intermediate Court shall be comprised of a Juvenile Chamber. Article 75 specifies also that Minors accused of any offence shall be tried on the first instance only by a specialized Juvenile Chamber of Intermediate Court», when article 76 stipulates that The juvenile chamber shall, in addition to passed sentence, ensure appropriate safety supervision and education measures. Code of Criminal Procedure 42. A new law relating to the code of criminal procedure has also been enacted. It is Law n 13/ of 17 May 2004 that, unlike the law of 1963 February that was aimed at the same purpose, contains specific procedure provisions for children, namely: (a) Article 184 which provides that a minor who is below the age of twelve (12) years cannot be detained in the custody. However, for exceptional reasons, a child who is aged between ten (10) and twelve (12) years against whom there are undoubted reasons to suspect that she/he has committed an offence can, for the purposes of investigation, be 3 Rwanda did not wait until 2008 to incorporate in its Act determining the organization, functioning and jurisdiction of courts provisions that are conducive to the realization of the rights of the child because Organic Law n 07/2004 of 25 April 2004 determining the organization, functioning and jurisdiction of courts modified and supplemented by Organic Law n 20/2006 of 22 April 2006, contained such provisions (arts. 74 and 75) repeated in the new law. 4 This law was modified and supplemented by the Law n 20/2006 of 22 April 2006, but no modification or supplement was made to articles related to the prosecution of juvenile offenders. 10

11 detained by a judicial police officer for a period which cannot exceed forty-eight (48) hours, but only when the offence she/he is suspected to have committed is punishable with at least five (5) years of imprisonment. It is needed to recall that the age of criminal majority in Rwanda is 14 years (art. 77 of Decree-Law N o 21/77 of 18 August 1977 establishing the Penal Code). (b) Article 185 according to which a minor who is under prosecution must be defended by a counsel. If the minor or his/her guardians cannot choose one, the Prosecution can ask the President of the Bar Association to appoint one automatically. (c) Article 186, paragraph 3 specifies that the Judicial Police Officer or the Public Prosecutor in charge of the case will, through investigation, gather all the evidence concerning the economic and moral status of the family, the status of the life of the minor, his/her education and school life and the manner in which she/he lived or was brought up. She/he shall order for a medical examination and, when relevant, a psychological examination. She/he shall decide, where applicable, to put the minor in a setting where she/he can be easily monitored. (d) According to article 188, the court chamber that is competent to try children is the one located in the area where the offence was committed, where the child resides or where parents or guardians reside, where the child was found or where she/he was sent by a judge. (e) As to article 189, it provides that the juvenile chamber shall decide on a case after hearing from the child, witnesses, parents, guardians, the Prosecution and his/her defence counsel. It can also hear from the child s co-accused or accomplices who have reached the majority age. (f) Article 190 stipulates that the juvenile chamber shall, depending on the case before it, order appropriate measures for protection, assistance, supervision and education. (g) Finally, article 192 specifies that the children, who are above the age of 12 years and below the age of 18 years, shall be tried by a juvenile chamber in accordance with the procedure laid down by ordinary law. Law establishing and determining the organization of the National Prisons Service 43. Law n 38/2006 of 25 September 2006 establishing and determining the organization of the National Prisons Service provides for special protection measures for imprisoned children, namely: (a) Article 24, paragraph 2: Incarcerated persons aged between 14 and 18 years shall be particularly supervised by competent employees. (b) Article 25, paragraph 2: Any incarcerated pregnant or lactating woman shall be accorded special care. A child under breastfeeding shall be entitled to adequate nutritional food as required for infants and shall be given to his/her family at three years of age. In case of no family to receive such a child, the State shall provide a place where she/he shall be catered for. (c) Article 51: A Presidential Order shall institute special rehabilitation centres to receive minors who committed offences. A Ministerial Order shall determine the organization and functioning of the rehabilitation centres 5. 5 It is the Minister having prisons in his attributions, i.e. The Minister for Internal Affairs. 11

12 . Presidential Order establishing the Army General Statutes 44. The Presidential Order n 72/01 of 8 July 2002 establishing the Army General Statutes established in pursuance of Law n 19/2002 of 17 May 2002 establishing the Rwanda Defence Forces provides for 18 years as the minimum age of recruitment into the Rwanda Defence Forces (RDF) (art. 5), the minimum age provided for by article 38 of the Convention being 15 years. Law establishing and determining the organization and functioning of the local service in charge of assisting in maintenance of security referred to as Local Defence Force 45. A new law on local defence forces has been established, i.e. Law n 25/2004 of 19 November 2004 establishing and determining the organization and functioning of the local service in charge of assisting in maintenance of security referred to as Local Defence Force. In its article 9, this law provides that the person selected (by the Cell Council as set forth under article 8 of the same law) to be a member of Local Defence shall be at least of 18 years of age. 46. In its article 5, the Presidential Order n 155/01 of 31 December 2002 establishing the Statutes of the National Police provides also that for acceptance into the National Police, it is needed to be at least 18 years of age. 47. Regarding the incompatibility of the custom with the principles of the Convention, article 201, paragraph 3 of the Constitution of 4 June 2003 as amended to date provides that Unwritten customary law remains applicable as long as it has not been replaced by written laws, is not inconsistent with the Constitution, laws and regulations, and does not violate human rights, prejudice public order or offend public decency and morals. Furthermore, the population is aware of the need to change customary behaviours that are detrimental to human rights and to the rights of the child in particular. Law N 59/2008 of 10 September 2008 on the Prevention and Punishment of Genderbased Violence. B. Provisions of domestic legislation, which are conducive to the realization of the rights of the child 48. Among the provisions of domestic legislation, which are conducive to the realization of the rights of the child, the following laws should be pointed out: (a) Law N 27/2001 of 28 April 2001 (art. 19); (b) Law N 25/2004 of 19 November 2004 establishing and determining the organization and functioning of the local service in charge of assisting in maintenance of security referred to as Local Defence Force (art. 8); (c) Presidential Order N 155/01 of 31 December 2002 establishing the Statutes of the National Police (art. 5); (d) Presidential Order n 72/01 of 8 July 2002 establishing the Army General Statutes (art. 5). 49. All the foregoing laws provide that persons below eighteen years cannot be recruited into the army, the local service in charge of assisting in maintenance of security referred to as Local Defence Force and into the National Police, the minimum age set by article 38 of the Convention being 15 years. 12

13 50. Even if they are enshrined in no law, in Rwanda there are better practices that are very conducive to the realization of the rights of the child, including the freedom of opinion and expression. 51. Each year, Rwanda organizes a Children s Summit at national level at which children who represent their peers meet to discuss and express their views and make recommendations to the Government in respect of the realization of their rights. So far, four summits have been organized in 2004, 2006, 2007 and The country attaches much importance to these summits because they demonstrate the commitment towards children made by the highest authorities of the country, including the President of the Republic. Discussions per se are of course conducted by the children themselves and broadcast live on national radio and television. 52. Another practice has also been established, i.e. the fact that at each end of the year, the President of the Republic, surrounded by his close associates, receives children to wish them a merry Christmas and a happy New Year. 53. Likewise, it is also worth pointing out the establishment of a National Commission for Children whose process is almost at an end. The related draft organic law is already available. It has been passed by various stakeholders dealing with children s rights and it is to be adopted by the Cabinet before being submitted to the Parliament. The National Commission for Children shall mainly ensure that children enjoy their rights without discrimination and that their problems are mainstreamed in all development programmes. C. Remedies available in cases of violation of the rights recognized by the Convention 54. The remedies available for children in case of violation of their rights are those that are generally accorded to other persons when their rights are violated, of course depending on the type of violated rights. 55. In this connection, the violations of the rights of the child constituting crimes such as sexual violence are lodged before criminal courts. Children themselves can file complaints but when they are very young, parents, guardians or other persons in charge of them can do it on their behalf. When the violations of rights are within the jurisdiction of the civil courts, the action is taken by the person in charge of the child because the latter has not yet reached the majority age of 21 years. 56. There are mechanisms that enable children to seek redress in case of violations of their rights: (a) The Police have a specific interview room to interview child witnesses or victims of violence; (b) At the level of each administrative sector, there is a Police officer trained in the field of child rights, techniques of interviewing children and preparing files. She/he is responsible for security in general but specifically for ensuring that violence against children and women is prevented and that the reported perpetrators are prosecuted; (c) There are also telephone numbers (3512 for the National Police and 3430 for the National Commission for Human Rights), including a mobile phone with free call for any person willing to report abuse, violence, especially children and women who suffer the most from such violence, their representatives or members of the community in general. The prosecutor office has also a toll-free number and a service for the protection of witnesses. 13

14 57. Here, we should also recall the work of the Observatory on the Rights of the Child within the National Commission for Human Rights. At Sector level, the responsibilities of the Monitoring Committee include identifying and gathering the cases of violations of child rights and the fact that four children are members on this committee facilitates this task carried out in collaboration with MIGEPROF. 58. There are also private initiatives in this regard. A case in point is HAGURUKA; a national NGO specialized in defending the rights of women and children which set up in secondary schools clubs on the Rights of the Child. These clubs can offer legal advice principally to child victims of violence As regards mechanisms for coordinating policies relevant to children and for monitoring progress achieved in respect of the Convention, related information was provided pursuant to the Committee s recommendation No. 8 of (see above). D. Coordination of the implementation of the Convention 60. Since 2003, the Ministry of Gender and Family Promotion has been mandated to develop policies and programmes for children and ensure their implementation. 61. As the area of the promotion, protection of the rights and welfare of the child is a cross-cutting sector; MIGEPROF therefore coordinates various activities implemented by various partners including representatives of government and parastatal departments, civil society, private sector, United Nations agencies, other international development partners, decentralized structures and children themselves To assess the progress made, monitoring and evaluation mechanisms have been established: (a) Establishment within MINECOFIN, in 2002, of a Unit in charge of Poverty Reduction Strategy, which developed a five-year national programme for poverty reduction basing on consultations with all groups of the population, including children and young people, and whose annual assessments show progress made in meeting WFC goals and MDGs; (b) Establishment by MIGEPROF, in 2003, of a platform: the Stakeholders Forum (technical government departments, UN agencies, national and international NGOs and civil society) from which an OVC Technical Working Group is formed to conduct monitoring and evaluation of undertaken activities; (c) Establishment, in 2005, of a National Institute of Statistics of Rwanda (NISR), in charge of conducting nationwide data collection operations. NISR conducted the 3rd Demographic and Health Survey (DHS) in 2005 and the 2nd Household Living Conditions Survey in 2005 that provide reliable data needed for monitoring and evaluation of WFC goals and MDGs. The mini-dhs conducted in 2007 provides new information on the progress made in reducing child mortality; (d) Annual reviews of different programmes of cooperation between Rwanda and development partners that assess especially progress made for children; 6 The total number of clubs is 75 clubs in the Districts of Huye, Nyamagabe and Rusizi. Such clubs are run by teachers and they provide a framework for discussions between children and pupils. 7 MIGEPROF (2006), Draft law establishing the National Commission for Children, Kigali, November

15 (e) Sector surveys and studies mainly conducted by technical government departments (MIGEPROF, MINISANTE, MINEDUC, MIFOTRA) with the technical and financial support from development partners including UNICEF, within the four main areas of the rights of the child: Health, education, protection and fight against HIV/AIDS. 63. In pursuance of the recommendation No. 8 of the Committee of ensuring the stability and strengthening the capacity of the ministry principally in charge of the coordination of the implementation of the Convention at the local and national levels, placing MIGEPROF in the Prime Minister s Office in 2005 solved the problem of cyclical transfer of child issues from one Ministry to another. 64. This new status that transferred MIGEPROF from sectoral level in the Prime Minister s Office strengthened its capacity for coordination and supervision of the activities of other ministries and institutions with issues of children in their attributions. E. Independent monitoring structures National Commission for Human Rights 65. As mentioned in the initial report, Rwanda has a National Commission for Human Rights (NCHR). Initially the Commission was established by Law N 04/99 of 12 March 1999, which was subsequently modified and supplemented by Law N 37/2002 of 31 December Provided for by article 178 of the Constitution of 4 June 2003 as amended to date, the National Commission for Human Rights is currently governed by the new Law N 30/2007 of 6 July The National Commission for Human Rights is independent and permanent (art. 3 of Law N 30/2007). 66. As regards the process of appointing commissioners, they are appointed by a Presidential Order upon approval by the Senate (art. 12). There are seven commissioners (art. 11) and at least thirty per cent (30 per cent) of them shall be women (art. 12). The term of office of the commissioners is four years renewed only once. In such a term of office, commissioners are employed on a permanent basis (art. 12). 67. The NCHR funding comes from the State budget for staff costs and operating expenses on the one hand, and from funds provided by bilateral and multilateral donors to support projects operating within the Commission on the other hand. Observatory on the Rights of the Child 68. In pursuance of the recommendation 12(b) of the Committee on the Rights of the Child on independent monitoring structures, an observatory on the rights of the child was established in 2006 within the National Commission for Human Rights. The rationale for the observatory is set forth under article 24 of Law N 27/2001 of 28 April 2001 Relating to Rights and Protection of the Child against Violence, which stipulates that the National Commission for Human Rights should set up specifications on how to follow up the protection of the rights of the child. 69. The observatory on the Rights of the Child has the following objectives: (a) (b) (c) (d) Ensure compliance with the rights of the child; Establish data on the status of the rights of the child; Prevent, deter violations of the rights of the child; Advocacy for the rights of the child. 15

16 70. The Observatory on the Rights of the Child has committees working at three administrative levels: Sector, District and National. Children are represented at each level and work with other people from various public and private institutions. Office of the Ombudsman 71. Still in respect of independent monitoring structures, we will mention here the Office of the Ombudsman. Even the office does not have a special service dealing with child issues; it gives priority to complaints filed by children given their vulnerability Within the framework of fighting against genocide ideology among children, the National Unity and Reconciliation Commission (NURC) set up clubs for unity and reconciliation in schools and it has supported associations of children for the promotion of unity and reconciliation since It has also organized solidarity camps for child heads of households and training for directors of primary schools in Provinces, since F. Budget resources allocated to programmes for children 73. The resources allocated to various programmes come from two major funding sources, namely national budget on the one hand and development budget on the other hand. The part of the national budget by funding mode from 2004 to 2008 Table 3.1 Evolution of national budget (RWf thousands) by component from 2004 to 2008 Component Budget Budget Budget Budget Budget Ordinary Budget % Ordinary Budget 73,5% 70,6% 90,5% 84,8% 54,2% Development Budget % Development Budget 26,5% 29,4% 9,5% 15,2% 45,8% NATIONAL BUDGET Source: Law on State Finances 2004, 2005, 2006, 2007 and From table 3.1, it can be seen that the State ordinary budget has increased from year to year, whereas the development budget has decreased. Indeed, the ordinary budget has increased from 242 billion to 338 billion Rwandan francs between 2004 and 2008, while the development budget has decreased from 87 billion to 64 billion between 2004 and 2007, to increase significantly in 2008 and reach 285 billion. 8 Information collected from the service in charge of preventing injustice, corruption and other related crimes within the Office of the Ombudsman. 9 MIGEPROF, Draft law establishing the National Commission for Children, Kigali, November

17 Figure 3.1 Evolution of national budget (in %) by component from 2004 to 2008 Percentages ,5 26,5 70,6 29,4 90,5 84,8 54,2 45,8 Ordinary Budget Development Budget ,5 15, Years 75. The evolution of the national budget between 2004 and 2008 is displayed in figure 3.1 above, with considerable differences between the national budget and development budget in 2004 (73.5 per cent against 26.5 per cent) and 2005 (70.6 per cent against 29.4 per cent), with very pronounced differences in 2006 (90.5 per cent against 9.5 per cent) and 2007 (84.8 per cent against 15.2 per cent), while in 2008 the part of ordinary budget is not very different from the development budget (51.2 per cent against 45.8 per cent). The year 2008 marks the beginning of the implementation of EDPRS (National Strategy for Economic Development and Poverty Reduction) with a significant contribution of partners to the national budget. The part of the national budget allocated to health and education sectors from 2004 to 2008 Table 3.2 Evolution of national budget (RWf thousands) allocated to health and education from 2004 to 2008 Sector Budget Budget Budget Budget Budget OB Health DB Health S/Total Health % 4,8% 7,6% 4,1% 3,7% 7,3% OB Education DB Education S/Total Education % 8,9% 9,2% 12,2% 12,5% 9,6% Total Health + Education

18 Sector Budget Budget Budget Budget Budget % 13, 7% 16,8% 16,3% 16,2% 16,9% OB = Ordinary Budget; DB = Development Budget. Source: Law on State Finances 2004, 2005, 2006, 2007 and Overall, the part of the national budget allocated to key sectors of child survival and development, namely health and education has sharply increased from 45 billion to 105 billion, i.e per cent to 16.9 per cent of the national budget between 2004 and However, the trend has not been the same for both sectors. Indeed, the budget allocated to health has experienced uneven development, while the budget allocated to education has developed steadily between 2004 and Indeed, the health budget rose from 16 billion in 2004 and rose to 28 billion in 2005 before declining to 13 billion in 2006 and then rose to 15 billion in 2007 and reached 45 billion by On the other hand, education sector funding has increased steadily from 29 billion in 2004 to 60 billion in Figure 3.2 Evolution of national budget (in %) allocated to health and education from 2004 to ,8 16,3 16,2 16,9 Percentages ,7 8,9 9,2 7,6 12,2 12,5 7,3 9,6 Health Education Health + Education 6 4 4,8 4,1 3, Years 78. Figure 3.2 above shows well different trends of the evolution of funding for health and education sectors. Indeed, the percentage of the budget allocated to health sector increased from 4.8 per cent of the national budget in 2004, to rise up to 7.6 per cent in 2005 and then fall down to 3.7 per cent in 2007 before rising to 7.3 per cent of the national budget in G. Data collection 79. Despite the lack of a systematic and comprehensive collection of data covering all areas covered by the Convention and related to all groups of children, we should commend the conduct in 2000 of a national IMCI survey, covering many areas addressed under the Convention. We should also note that the conduct of the 3rd General Census of Population and Housing in 2002 provided data on several analysis themes including a special analysis volume on children. Moreover, Rwanda conducted the Comprehensive Household Living 18

19 Conditions Survey in 2005 and Demographic and Health Survey (DHS) in 2005 and These operations provide data on progress made in the implementation of the Convention on the Rights of the Child. 80. Furthermore, since 2002, Rwanda has conducted several specific studies with the principal support of UNICEF in various areas covered by the Convention (health, nutrition, water, sanitation and hygiene, HIV and AIDS, education, protection, gender-based violence, and others) and on different groups of children, including orphans, child-headed households, ex-child soldiers, violence against children, etc. 81. It is on the basis of the indicators from these studies that the monitoring and evaluation exercise has been undertaken to assess the progress made and the impact of policies adopted in respect of children. They also provide the data used by planning officers to develop new policies and programmes for effective implementation of the Convention. H. Dissemination of the principles and provisions of the Convention 82. The dissemination and awareness campaigns on the Convention, mentioned in the previous report, continued in all Districts and Sectors of the country. The booklets translated into Kinyarwanda (national language), have been widely distributed, and seminars, conferences and workshops have been conducted for the stakeholders dealing with the rights of the child. Journalists have been trained to disseminate the Convention. 83. The stakeholders mainly involved in this action are MIGEPROF and UNICEF, national and international NGOs and human rights associations and other child protection networks such as the National Commission for Human Rights (NCHR), the National Unity and Reconciliation Commission (NURC), and the services of the Ombudsman as the bodies responsible for protecting and promoting human rights and disseminating the principles of human rights including the Convention on the Rights of the Child. 84. The initial report was written in English, translated into the national language, i.e. Kinyarwanda, and into French, and distributed to all Districts of the country and national and international NGOs. However, it should be recognized that the report and the concluding observations of Committee, which were not translated, were not widely disseminated. 85. For the drafting of the third and fourth periodic reports, not only various stakeholders dealing with children s rights were involved, but children and the general public were also involved. Field visits were conducted for gathering information on and advocacy of the Convention and for the process of preparing the report. Once the report is completed, various consulted groups will be targeted for feedback. 86. As regards sensitization and training of professional groups working for and with children on the provisions of the Convention, ad hoc training sessions have been organized, especially by NCHR and HAGURUKA NGO. Training activities are detailed under paragraphs 401and 402 below. I. Cooperation with the civil society 87. In the implementation of the Convention aspects, the Government of Rwanda cooperates with various entities of civil society, namely international NGOs, national NGOs, religious denominations, youth and women associations, and media. The interventions of civil society are mainly carried out at the level of decentralized entities (Districts, Sectors). These interventions are mentioned in the report under appropriate sections with information and data provided according to the guidelines for periodic reports. 19